Archive

[Webinar] Cannabis Real Estate Considerations

Oct 12, 2021

Register to join a VS live session on Thursday, November 4, where members of VS’s real estate practice will discuss cannabis real estate issues, including lease considerations, financing, and local jurisdiction laws that may affect your business. 

The Battle to Allow Smokable Hemp in Texas

By Shane Pennington
Sep 13, 2021

Texas has allowed hemp cultivation and state-based manufacturing, distribution, and retail sale of hemp and consumable hemp products since 2019—but only if the products weren’t intended for smoking. This prohibition on a product with such high value for hemp farmers—and soaring consumer demand—was sure to make waves.

Psychedelics As Medicine: Right To Try Case Versus DEA

By Shane Pennington
Aug 9, 2021

In what could be a groundbreaking case for psychedelic medicine, VS counsel Shane Pennington is part of a team working on an exciting and very important Ninth Circuit challenge to the DEA's refusal to accommodate state and federal right to try laws.

Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

New Hemp CBD Laws, Regulations, and Policies: June 2021 Update

By Caitlin Wightman, Michelle Bodian, Jace Pohlman
Jun 15, 2021

Over the first half of 2021, many states passed laws, implemented, or proposed new regulations regarding hemp cultivation, processing, and CBD products. These changes range from updates to testing, labeling, and packaging requirements, to adjustments in license requirements and limits on the types of hemp-derived products that can be sold. 

[Webinar] Impact and ESG in the Cannabis Industry

Jun 15, 2021

Watch this recorded session to meet the new VS Impact & ESG team, learn more about this emerging business priority, and how to start planning and measuring your ESG practice – including Corporate Social Responsibility programs, meaningful Diversity, Equity & Inclusion efforts, environmental sustainability, and community and employee engagement.

Cannabis Entrepreneurship Academy

May 4, 2021

Colorado Law Executive Education and CU Leeds School of Business are offering an online Cannabis Entrepreneurship Academy on Fridays during June 2021. The academy will tackle many cannabis business issues, including leadership, financing, regulations, markets, and more!

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

5 Things You Need to Know Before Entering the Cannabis Industry

By Brian Vicente
Apr 19, 2021

The cannabis industry is complex. Prospective cannabis business owners and other service providers interested in working with cannabis businesses are wise to take a step back and assess what it really takes to not only enter the cannabis industry, but to succeed in it.

Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.

What is a Cannabis SPAC?

By Charles Alovisetti and Ilya Ross
Feb 19, 2021

With wary investors and a minimal number of FDIC-insured bank lenders in the space, cannabis entrepreneurs are running out of options to raise capital. SPACs create a unique opportunity to fill the current vacuum of capital in the cannabis industry.

Coronavirus and Cannabis: Colorado Regulatory Updates

By Charles Alovisetti, Corey Cox, Justin Johnson, Andrew Livingston, Jessica Scardina, Jordan Wellington, Catie Wightman
Jan 11, 2021

Vicente Sederberg is monitoring the potential impact of the coronavirus (COVID-19) on cannabis businesses, service providers, and consumers in Colorado.

Litigation Funding for Cannabis and Hemp Businesses

By Jennifer Cabrera, David Kramer
Nov 30, 2020

As anyone who has been involved in a legal dispute knows, litigation can be very costly. Thankfully, litigation funding is an option and lenders are increasingly willing to lend to cannabis and hemp businesses.

Cannabis Litigation vs. Arbitration

By Jennifer Cabrera
Nov 20, 2020

While it’s best to avoid litigation and arbitration in the first place, disputes happen and are occurring more frequently in the maturing cannabis sector. Here's a primer on both.

Cannabis Trademarks 101

By Erik Pelton, Jeffrey Welsh
Nov 13, 2020

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets.

The Impact of COVID-19 on the Cannabis Industry

By Charles Alovisetti, Sahar Ayinehsazian, Andrea Golan
Nov 5, 2020

The coronavirus and efforts to contain it have led to changes in the regulatory landscape and consumer behavior that are likely to shape the cannabis industry moving forward. In spite of COVID-19, or perhaps because of it, the cannabis industry is thriving, and will continue to do so as long as demand remains strong and operators adhere to the rules and regulations designed to keep consumers and employees safe.

Cannabis in the 2020 Election: All Eyes on the U.S. Senate

By Steve Fox
Oct 26, 2020

This November 3, in addition to presidential and congressional elections that will have a major impact, five states have ballot measures that will legalize marijuana in some form. This post takes a look at cannabis legalization on the federal level.

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian
Sep 18, 2020

Raising private capital continues to be a challenge for the nascent cannabis industry, but there are proactive steps companies can take to maximize the chance of a successful raise.

Can't-miss Cannabis Business Opportunities in New and Growing Markets

By Jerrico Perez
Aug 21, 2020

Vicente Sedeberberg LLP continues to identify exclusive licensing opportunities for our clients. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience can help elevate your application above the competition.

Guide to Closing Cannabis Transactions Between Private Companies

By Charles Alovisetti, Elliot Choi, Ben Leonard, Jeremy Shaw
Aug 6, 2020

Conducting a closing is one of the more stressful tasks for junior and even senior attorneys. When a deal is ready to close, most of the principals and businesspeople are finished with their work, but lawyers are not out of the woods yet.

Avoiding Massive Delaware Franchise Tax Bills

By Charles Alovisetti
Jun 24, 2020

Forming a Delaware corporation is a good idea for some cannabis startups, but often results in a hefty Delaware franchise tax bill. In this article, we explain why you might actually owe less.

US Cannabis and International Treaties

By Amber Lengacher, Elliot Choi
Jun 15, 2020

While often overlooked, the Single Convention has important implications on cannabis reform, including purportedly requiring the US to maintain cannabis on Schedule I of the CSA.

Colorado Cannabis Expungement Clinic

Jun 11, 2020

The Color of Cannabis, in partnership with Minority Cannabis Business Association and Vicente Sederberg LLP, will host a free expungement clinic for Denver County cannabis convictions on June 20, 2020. RSVP by June 19!

Epidiolex Was Removed from the CSA. Now What?

By Corey Cox
May 28, 2020

The CBD-based medicine, Epidiolex, was descheduled by the DEA and is no longer a controlled substance. What are the implications of this change and what, if anything, does it mean for CBD products in general?

10 Tips for U.S. Cannabis Businesses Facing an Economic Downturn

By Phil Silverman
May 20, 2020

The U.S. is facing its gravest economic crisis since the Great Depression due to the coronavirus pandemic. These 10 concepts are not necessarily unique to cannabis businesses, but in an industry that’s already subject to greater federal, state and local scrutiny, they can serve as a guide for those seeking to relieve their financial stress.

What’s Next for Texas Hemp?

By Shawn Hauser
May 19, 2020

With its incredible farming communities, over 100 million acres of farmland, and large manufacturing and research infrastructure, Texas is poised to play a significant role in the U.S. hemp industry.

Cannabis Business Licensing Opportunities Amidst COVID-19

By Jerrico Perez
May 13, 2020

Vicente Sedeberberg LLP continues to identify exclusive licensing opportunities for our clients. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience can help elevate your application above the competition.

Florida is Ready for the Hemp Industry

By Sally Kent Peebles, Caitlin Wightman
Apr 30, 2020

The hemp industry has arrived in Florida! After much anticipation, Florida farmers and hemp enthusiasts will finally be able to grow hemp right here in the Sunshine State.

[Webinar] Hemp Game Changers

Apr 17, 2020

This virtual session, originally planned for SXSW 2020, features representatives from Vicente Sederberg, Canopy Growth Corporation, and Willie's Remedy discussing the future of the industry, its challenges, the environment, and more.

Exploring Alternatives to Bankruptcy for Cannabis Businesses

By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020

Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.

How to Get a Medical Marijuana Card via Telemedicine

By Charles Alovisetti, Brandon Kurtzman
Apr 16, 2020

Since COVID-19 has limited patient ability to get in-person consultations and examinations with health care providers, how does one go about obtaining a medical marijuana patient certification?

Prop 65 Warning Requirements for Cannabis, THC and CBD

By Andrea A. Golan
Apr 13, 2020

In early 2020, California’s Office of Environmental Health Hazard Assessment added Δ9 THC and marijuana smoke to the Proposition 65 list of chemicals known as reproductive toxins. What does this mean for cannabis businesses?

California and the Gig Economy: The Fight Over AB-5

By David Kramer, Senior Associate
Mar 3, 2020

California employers beware: as of January 1, 2020, it is increasingly likely that any person who performs services for your company will be classified as an employee. The reason for this seismic shift is Assembly Bill 5 (AB-5).

Getting to the Root of the Problem: The 0.3% THC Hemp Standard

By Shawn Hauser, Partner
Feb 27, 2020

The beginning of federally regulated hemp has been marred by industry-wide concerns about an overly restrictive federal program, and what may come from the USDA review of more than 4,600 comments to its interim final rule governing U.S. hemp production.

Weed Wonks Episode 10 - Oklahoma! With Dwight Clark

Feb 19, 2020

VS political analyst, technical writer, and former Oklahoman, Dwight Clark, sat down with the Weed Wonks to discuss the current nature of cannabis in Oklahoma, how its MMJ legalization drastically differed other states, and how their regulatory rollout of MMJ could shape other state's legalization efforts going forward.

New Law Regulates Hemp and Hemp Extracts in New York

By Jennifer Cabrera, Counsel; David Kramer, Senior Associate; Michelle Bodian, Senior Associate
Dec 19, 2019

A summary of New York's newly signed hemp law, one of the most comprehensive state laws regulating the cultivation, manufacture, and sale of hemp and hemp extracts.

Trademark Protection for Cannabis, Hemp and CBD Brands

Dec 11, 2019

What brand protection options are available for businesses in the cannabis, hemp, CBD or related industries? Watch this presentation to better understand the tactics your business can implement to increase protection for brand names, logos, and slogans.

See You in Vegas for MJBizCon 2019!

Nov 27, 2019

The year's largest cannabis conference is coming soon. Don't miss presentations by Adam Fine, Sally Kent Peebles and Sahar Ayinehsazian, and be sure to meet up with VS during the event and at the after-parties!

Public Companies Can Now Own Cannabis Licenses in Colorado

By Charles Alovisetti, Jessica Scardina, Ben Leonard, Carl Werner, and Justin Johnson
Nov 18, 2019

HB-1090 is live and Colorado's cannabis industry is officially open to publicly-traded companies and out-of-state investors. Find out what we've learned so far about this brand-new system.

New Massachusetts Medical and Adult Use Marijuana Regulations

By David Ullian, Senior Associate Attorney; Meg Nash, Associate Attorney; Casey Leaver, Compliance Manager
Nov 1, 2019

With the release of the new marijuana regulations in Massachusetts, our attorneys created a list of some of the important amended licensing and operational topics, effective Friday, November 1, 2019.

Blue Sky Laws and the Cannabis Industry

By Charles S. Alovisetti, Partner
Oct 7, 2019

In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.

Can Hemp Companies Declare Bankruptcy?

By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019

One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.

How to Sell Hemp Food Products Without Breaking the Law

By Charles S. Alovisetti, Partner
Sep 19, 2019

Despite news headlines saying that hemp is federally legal, many hemp-derived food products and supplements currently sold in the US are in violation of federal law. But some hemp food products can actually be sold in complete compliance with US Federal law. How so?

Budding Companies Part 3: Governance, Exits and Investors

By Charles S. Alovisetti, Partner
Sep 9, 2019

The third post in our “Budding Companies: Forming Cannabis Startups” series, where we explore different issues involved in the formation of new marijuana and hemp companies. In this post, we will focus on governance, exits, and investors.

Budding Companies: Forming Cannabis Startups

By Charles S. Alovisetti, Partner
Sep 6, 2019

The first post in our “Budding Companies: Forming Cannabis Startups” series, where we explore different issues involved in the formation of new marijuana and hemp companies. In this post we will focus on entity choice and taxation.

Workshop: Medicinal and Therapeutic Uses of Cannabis

Aug 15, 2019

VS Counsel Jennifer Cabrera will lead a workshop at Union County College where attendees will learn how cannabis works, how patients can acquire it in New Jersey, and the benefits, side effects and risks associated with medical marijuana use.

VS Earns Top Ranking from Chambers and Partners

Aug 13, 2019

VS is honored to share that the firm has been ranked in ‘the gold-standard’ of international lawyer and law firm research, Chambers and Partners. The firm achieved Nationwide Band 1 ranking in Cannabis Law and is recognized for its "understanding of the law and network of people in the cannabis industry." 

Reflections on the 2018 Farm Bill

By Michelle Bodian, Senior Associate Attorney and Caitlin Wightman, Law Clerk
Jul 17, 2019

Since the passage of the 2018 Farm Bill on December 20, 2018, much has changed in the world of hemp. Here's a recap of major hemp-related developments.